Often an adjoining building owner only comes to know about their neighbour’s proposed works when they get the party wall notice. In Clapham, an adjoining owner can either agree or disagree to the notice. If there is no response made within 14 days, this will mean the adjoining owner has likely dissented and both parties are ‘in dispute’ under the Act. And when a dispute arises, each party must appoint a Party wall surveyor in Clapham to agree and serve a party wall award.
A party wall award is considered a legally binding paper that defines who the parties are, and also covers details of the proposed work. Also, it contains the agreed safeguards to ensure that those works have been undertaken with the minimum of risk and without causing unnecessary trouble to the adjoining occupiers.
The Adjoining Owner’s Surveyor Role
- Review the notice and check the validity and accuracy of the drawings.
- Cooperate with the building owner’s surveyor to choose a third surveyor when the appointed surveyors cannot reach an agreement.
- Visit the property to know the potential effect of the works and ensure the accuracy of the drawings.
- Request required information and distribute as necessary.
- Negotiate an impartial party wall award with the surveyor of the builder owner.
- Make and serve the party wall award.
- Offer advice and guidance to the adjoining owner.
- Agree a further award if a dispute occurs.
The Procedure
- It all starts with the service of notice.
- If the notice does not cover all of the vital information, or is not properly served, it may be considered invalid. Your appointed party wall surveyor in Clapham will pay minute attention at this stage and will follow the best practice.
- Once you appoint a surveyor under the Act, they have a duty to act in an entirely unbiased manner. Their goal is to achieve an impartial outcome for all.
- Another important task that the adjoining owner’s surveyor takes care of is an inspection of the property of the adjoining owner. This helps in understanding the potential impact of the works and in confirming the accuracy of the drawings.
- Once all the required information is correctly presented, the surveyor of the building owner will prepare a draft document which is known as a “party wall award” that the adjoining owner’s surveyor will have to consider. This document declares the owners’ rights and responsibilities regarding how the work should proceed. And this also covers items such as working hours as well as the access rights for the workmen and surveyors during the course of the works, what happens if there is any damage, etc. The adjoining owner’s surveyor will carefully check all the relevant concerns.
- After the award is prepared, they will stay available for advice.
- Finally, under all normal circumstances the building owner will pay the fees.
The surveyors can’t control planning issues and that must all be kept in mind through the planning process. The party wall surveyor in Clapham representing the adjoining owner will keep a record of their time. Once all other matters get resolved, they will put their fee forward to the surveyor of the building owner for agreement. If there is any disagreement regarding the fee, the two surveyors can involve the Third Surveyor for the final decision.